Dashawn was severely injured while participating in a "fitness challenge" that was organized and operated by Zeta Inc.He has sued for negligence.Zeta relies on the defence of voluntary assumption of risk.In support of that defence,Zeta has produced a "Disclaimer of Liability" that Dashawn signed.Which of the following statements is TRUE?
A) The court will struggle to uphold the disclaimer clause and deny liability if at all possible.
B) Zeta will be relieved of liability only if the disclaimer clause applied to the factual and legal risk of injury and is otherwise enforceable contractually.
C) Because of general contractual principles,the disclaimer clause may be effective in response to a claim for breach of contract but not in response to a claim for negligence.
D) As a general rule,a disclaimer clause is effective only if the plaintiff carelessly contributed to their own loss.
E) If the defence applies,the court will reduce liability only to the extent that is fair,so that Dashawn will still recover some damages.
Correct Answer:
Verified
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